HomePoliticsFederal appeals court rules Obama-era DACA program illegal, but says 600,000 already...

Federal appeals court rules Obama-era DACA program illegal, but says 600,000 already in US can stay


A federal appeals court ruled that the Obama administration did not have the authority to institute the Deferred Action for Childhood Arrivals program but refused to dismantle it, allowing more than 600,000 immigrants to continue enjoying its protections.

The Fifth US Circuit ordered a review of the Biden administration’s new changes to DACA, telling a federal judge in Texas to review the program.

A three-judge panel of the US Court of Appeals for the Fifth Circuit also ruled that while the Obama administration lacked the authority to create the immigration policy affecting more than 600,000 people, it did not dismantle the program and people can continue to benefit from the policy.

The panel ruled that the US government cannot process new applicants for people seeking DACA benefits.

BIDEN ADMINISTRATOR MOVES TO STRENGTHEN OBAMA-ERA DACA PROGRAM AMONG LEGAL CHALLENGES

Susana Lujano, left, a dreamer from Mexico living in Houston, joins other activists to demonstrate in support of the Deferred Action for Childhood Arrivals program, also known as DACA, at the US Capitol in Washington on June 15, 2022.
(AP Photo/J. Scott Applewhite, File)

“A district court is in the best position to review the administrative record in the rulemaking process and determine whether our decisions on the 2012 DACA Memorandum fully resolve the issues related to the Final Rule,” the opinion states.

Several Republican-led states are suing the US government, arguing that they are being financially harmed by spending hundreds of millions of dollars on services like education and health care for people who are allowed to stay in the US illegally. USA

BIDEN CALLS DACA DECISION ‘DEEPLY DISAPPOINTING,’ URGES CONGRESS TO PASS CITIZENSHIP PATHWAY

  Activists listen during a news conference marking the 10th anniversary of the passage of Deferred Action for Childhood Arrivals (DACA), on Capitol Hill on Wednesday, June 15, 2022 in Washington, DC.

Activists listen during a news conference marking the 10th anniversary of the passage of Deferred Action for Childhood Arrivals (DACA), on Capitol Hill on Wednesday, June 15, 2022 in Washington, DC.
(Kent Nishimura/Los Angeles Times via Getty Images)

The Biden administration introduced changes to DACA in August that were open to public comment, but contain no substantive modifications to Obama-era policy and point to legal challenges related to the program.

The rule would begin on October 31.

Immigration advocates gather to urge Congress to pass permanent protections for DACA recipients and create a path to citizenship, near the US Capitol on June 15, 2022 in Washington, DC.

Immigration advocates gather to urge Congress to pass permanent protections for DACA recipients and create a path to citizenship, near the US Capitol on June 15, 2022 in Washington, DC.
(Photo by Drew Angerer/Getty Images)

In July 2021, US District Judge Andrew Hanen ruled that DACA was illegal, saying that there had been no public notice or comment, which is a requirement of the federal Administrative Procedures Act.

When President Biden took office in 2021, he signed a memorandum aiming to protect DACA and directed the Department of Homeland Security to take “all appropriate steps under the law” to protect the program.

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National Security Secretary Alejandro Mayorkas said in a statement that he is disappointed by the ruling.

“I am deeply disappointed in today’s DACA ruling and the continued uncertainty it creates for families and communities across the country. We are currently reviewing the court’s decision and will work with the Justice Department on an appropriate legal response,” Mayorkas said. “As a result of the suspension that remains in effect, no one who currently has DACA will lose their protection from deportation or work authorization. Under that suspension, DHS will continue to accept the submission of initial and renewal DACA applications, but process only DACA renewal applications.”

Associated Press contributed to this report.



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